Delhi HC Issues Notice to ED Over AAP Leader Sanjay Singh’s Bail Plea in Excise Policy PMLA Case

The Delhi High Court takes a crucial step in the ongoing legal saga involving Aam Aadmi Party’s senior leader, Sanjay Singh, by issuing a notice to the Enforcement Directorate (ED) in response to his regular bail plea. The plea pertains to a money laundering case connected to an alleged Delhi excise policy scam.

Arrest and Legal Battle

Sanjay Singh, who was arrested by the Enforcement Directorate on October 4, 2023, finds himself at the center of a legal battle challenging the charges against him. Justice Swarna Kanta Sharma presided over the bench, setting January 29, 2023, as the next date for a hearing.

Plea Highlights Innocence

In his plea, Sanjay Singh asserted that he is neither an accused nor a suspect in a scheduled or predicate offence (CBI Offence). Despite charge sheets being filed since August 17, 2022, no evidence has surfaced against him to date. The bail plea emphasizes Singh’s innocence, stating that he has not committed any criminal wrongdoing or violated the provisions of the PMLA. It calls for the protection of his life and liberty from unwarranted encroachment by the Directorate of Enforcement, labelling the case against him as false, malicious, and motivated without merit.

Previous Bail Dismissal

The trial court had previously dismissed Singh’s bail application on December 22, 2023, expressing a prima facie view of his involvement in money laundering. The court stated that evidence showed his connection to the alleged offense, and there were reasonable grounds to believe in his guilt. The dismissal highlighted the Supreme Court’s approval of bribery allegations related to the formulation of the Delhi excise policy. Notably, the bail applications of other accused in the same case, including Sameer Mahandru, Amit Arora, Vijay Nair, Arun Ramachandran Pillai, Amandeep Dhall, and Abhishek Boinpally, were also dismissed. The special judge underscored that observations regarding the interpretation of PMLA provisions remain unchallenged by higher courts.

Addressing Defense Arguments

The court addressed arguments concerning the lack of recovery of funds allegedly paid to Singh and dismissed them, stating that recovery is not always necessary. The defense’s claim that no documentary evidence links Singh to the alleged proceeds of crime was also rejected, as transactions were made in cash.

Concerns about the statements of an approver were raised by the defense, suggesting coercion or influence by ED officials. However, the court found no evidence of such coercion and maintained that the approver’s statements were admissible.

The case also involves an alleged attempt by Singh to influence the excise policy formulation for the year 2020-21. The court highlighted the creation of an entity involving accused Amit Arora, approver Dinesh Arora, and Vivek Tyagi. The prosecution claims that Singh attempted to secure a share for Tyagi, who is allegedly his current Personal Assistant.

Legal Proceedings Unfold

As the legal proceedings unfold, the Delhi High Court’s notice to the Enforcement Directorate marks a pivotal moment in the ongoing investigation into the excise policy PMLA case involving AAP leader Sanjay Singh.